Attorney General Merrick Garland said in a statement Friday, following the Supreme Court’s decision to overturn Roe v. Wade, that states cannot ban mifepristone, a drug used to perform abortions, based on disagreement with the federal government about its safety and efficiency.
Why it matters: With the abolition of Roe, prescription drugs that terminate pregnancies are likely to become the next major controversy between abortion rights activists and opponents of abortion rights.
How it works: Mifepristone and misoprostol are approved by the Food and Drug Administration for use during the first 10 weeks of pregnancy.
- In December, the agency lifted long-standing restrictions on mifepristone, allowing doctors to prescribe the drug online and send it to patients by mail.
- Misoprostol was available with a prescription prior to the FDA decision.
Despite the changes, many states have moved to make it illegal for doctors to send drugs by mail.
- For example, Louisiana Gov. John Bell Edwards (D) signed a law in June banning the sending of abortion pills by mail, punishable by up to five years in prison and a $ 50,000 fine.
What they say: “The department strongly supports Congress’s efforts to codify Americans’ reproductive rights, which it retains the power to do. We also support other legislative efforts to ensure access to comprehensive reproductive services,” Garland said in a statement Friday.
- “And we are ready to work with other parts of the federal government that seek to use their legitimate powers to protect and maintain access to reproductive care,” he added.
- “In particular, the FDA has approved the use of the drug Mifepristone. States may not prohibit Mifepristone on the basis of disagreement with the FDA’s expert assessment of its safety and efficacy. “
Yes, but: there is far from a law on whether states can ban pills, and the issue is likely to have to be tried in court, although there is really no clear precedent, according to the Washington Post.
Go deeper:
Add Comment